presentation to the portfolio committee on science and technology dst response 10 june 2008
TRANSCRIPT
Presentation to the Portfolio Committee on Science and Technology
DST Response10 June 2008
Overview
Comments received from:• C&M• UWC• SAAO• MARCOM• CSIR• SUNSPACE• TELKOM• ESKOM• SENTECH
C&M (1)
Comment:
Section 3(b)/4(b) - To include creation and development of SMMEs
Response:
Industrial development includes SMMEs
C&M (2)
Comment:
Section 4(2)/5(2)(b) - Define term “dispose”
Response:
Dispose is used in its literal meaning. DST consider developing disposal of assets Policy
C&M (3)
Comment:
Section 4(2)(c) - Not to be limited to borrowing, arrange financial arrangements like PPP
Response:
The clause is removed. Clause 5(2)(2) provides for the entering into agreements with any person (PPP’s included)
C&M (4)
Comment:• Recognition of BBBEE• Appeal to Government to provide the Agency
with sufficient funding
Response:• To be done in accordance with government
procurement policy which includes BBBEE• Noted
University of the Western Cape (1)
Comment:• General Supports the Bill • A call for government departments to work
collectively on space policies• To form an alliance with International Space
Agencies and share costs to promote space policies
Response:• Noted
SAAO (1)
Comment:• Supports the Bill• Agency will facilitate linkages between government
departments and the science community• Promote rich overlap in skills and technologies
between science communities• Plea for adequate funding
Response:• Noted
SAAO (2)
Comment:• Section 4(c)Insert the term “Space Geodesy”
Response:• Instead of inserting Space Geodesy, the term
“space science” will be inserted to replace astronomy and space physics. The definition of space science includes “Geodesy”
MARCOM
Comment:• Strongly supports the Bill• Believes the passing of the Bill will facilitate the
development of world class aerospace products, and
• Attraction of commercial investment depends on political backing
Response:• Noted
DOC
Comment:- Government’s position in developing space
transportation needs to be clarified
Response- To be guided by space policy being
developed in partnership with the dti.
CSIR (1)
Comment:• Supports the Bill
Response:- Noted
CSIR (2)
Comment:• 5(1)(a)5(1)(a) Refine the term “ any space
program.
Response:• This term is qualified in the clause by the
inclusion of ‘in line with the space policy’
CSIR (3)
Comment:• Clarify whether the Agency is a funding Agency
or coordinating vehicle
Response:• The agency will perform both roles
CSIR (4)
Comment:• Clarify the role of other parties in space domain
Response:• To be addressed in the Regulations
CSIR (5)
Comment:• Clarify the business model of the Agency ito the
PFMA
Response• The Agency will be established subject to
PFMA and will be listed accordingly. In this case, a Schedule 3A is proposed
CSIR (6)
Comment:• Put the wording in the Bill that support the
positioning of the Agency in the political arena of international world
Response:• This is a policy issue and the Agency will
always be guided by policy
CSIR (7)
Comment:• Define peaceful use and clarify the defence
related issues
Response:• The term is as used within the United Nation
context where it is defined as non-military or non-aggressive
CSIR (8)
Comment:• Check the SA position in Conventions on space
related Affairs.
Response:• This is a policy issue and the Agency will
always be guided by policy
SUNSPACE (1)
Comment:• DST should hold the proposed Space Strategy in
abeyance until the policy is available
Response:• The draft policy which was co-developed with
the dti is available and there is alignment between the strategy and policy. There is no reason to delay the finalization of the strategy
SUNSPACE (2)
Comment:• Overlapping mandates of the NSA and TIA
Response:• The space industry operates in a highly
regulated environment including UN treaties due to its potential dual use
• The development of technology has to be managed through out the value chain. It is for this reason that many countries establish space agencies
SUNSPACE (3)
Comment:• Section 4(b): Government should leave industrial
development in the hands of private industry
Response:• The clause says the Agency will support the
creation of an environment conducive to industrial development and will not compete with the private industry
SUNSPACE (4)
Comment:• Section 5(2)(c)(i) & (ii): The powers granted to
NSA be scrapped from the Bill
Response:• These powers are required to enable the
agency to function fully and effectively
TELKOM (1)
Comment:• There is a disconnection and an element of
duplication between the Agency and the Council
Response:• The Council is a Regulatory body, whereas
the Agency will implement the Space programme as guided by the policy and strategy
TELKOM (2)
Comment:• Define “Council”
Response:• No reference to Council in the Bill at a
moment, but if used the definition given in the Space Affairs Act will be applied
TELKOM (3)
Comment:• Section 4(f)- To consider the addition of the
phrase “Achieves the objects contemplated in this Act and the underlying statutes”
Response:• Redundant
TELKOM (4)
Comment:• Section 5(1)(e)-Add “subject to section 321 of the
Constitution, act in a manner that is consistent with the obligations of the Republic under any applicable international agreement”
Response:• Redundant. The Agency will do all negotiations
and signing of International Agreements in accordance with section 321 of the Constitution
TELKOM (5)
Comment:• Section 5(2)(c)(i)-Add “…establish a company
contemplated in the Companies Act, 1973 (Act No. 61 of 1973) or its successor in title or in collaboration …”
Response:• Consider insertion, to read: “…establish a
company contemplated in the Companies Act, 1973 (Act No. 61 of 1973) or its successor in title or in collaboration with any other person established such a company …”
TELKOM (6)
Comment:• 5(2)(d)-Add “… establish any program in line
with national space policy and in conjunction with the Council in respect of …”
Response:• Programs will be done in accordance with the
national space policy. As a regulator, the Council will always be aware of the programs, no need to overemphasize it in the Bill
ESKOM (1)
Comment:• Supports the Bill • Concern raised with respect to amount of control or
influence the Agency will have over astronomy activities
Response:• The Agency will focus primarily on space-base
astronomy or interfaces between space and ground based astronomy. The AGA Act will provide measures to advance astronomy and will focus on ground-base astronomy
ESKOM (2)
Comment:• Section 8(1)(e)-To insert “the member has been
convicted of an offence in the Republic or elsewhere ….. Truth and Reconciliation Commission”
Response:• Consider insertion, to read: “the member has been
convicted of an offence in the Republic or elsewhere … other than an offence committed prior to 27 April 1994 associated with a political objective for which amnesty was granted by the Truth and Reconciliation Commission
ESKOM (3)
Comment:• Section 8(3)-Supports this provision • Section 12-Supports this provision
Response:• Noted
ESKOM (4)
Comment:• Section 14(a)(ii)The clause creates conflict of interest
as it allows the committee appointed by the Board to monitor the Board’s performance and effectiveness
Response:• All clauses related to governance will be
removed. Clause 13 will cover all committees of the Board. The performance of the board will be monitored by the Ministry
SENTECH (1)
Comment:• Generally supports the Bill
Response:• Noted
SENTECH (2)
Comment:• Section 4(c)“foster research in astronomy, …mirror
one of the objects of the AGA Bill, which is “provide measures to advance astronomy and related scientific endeavours in the Republic”
Response:• Addressed in TELKOM’s comments above
SENTECH (3)
Comment:• 5(1)(d)Proposed section 5(1)(d) to read as follows:
“acquire, assimilate and disseminate space satellite data for any organ of State excluding activities which are already undertaken by a public entity in terms of a license or authorization.”
SENTECH (3) Continued
Response:• Consider inserting a Transitional Provision
which will read as follows: “Since the Agency has, as one of its functions, and as contemplated in section 5 (1)(d), to acquire, assimilate and disseminate space satellite data for any organ of State, such function shall excludes organs of state whose main objectives are to provide electronic services and electronic network services”